There has been a heavy stream of press coverage on the recent Court of Appeal case of Entwistle v Helliwell, including much commentary on how the Court of Appeal reached its decision and what might happen next in the case.

After a hearing, the Court of Appeal concluded that Ms Helliwell failed to properly disclose the true extent of her assets when signing a prenuptial agreement with her husband, Mr Entwistle. As a result, it was deemed that the agreement should not stand.

In this Q&A, we sit down with Michael Chapman and Grace Matthews, who represented Mr Entwistle, and get their thoughts on what this case means for the future of prenuptial agreements.

Do you think people know that a prenuptial agreement can be challenged?

Michael: I think there are a lot of misconceptions about prenups generally. I so often hear that “they aren’t worth the paper they are written on”, but that’s not the case.  

Grace: Although prenups aren’t legally binding in the UK, they are increasingly being upheld by courts if they follow some core principles. The agreement needs to have been freely entered into by the parties, it needs to be fair, and both parties need to have had a full appreciation of the implications of the agreement.

Michael: Where the prenup doesn’t align with those principles, or if there’s another legitimate reason, then the prenup is open to challenge and can be contested during divorce proceedings.

What is the main reason you might challenge a prenup?

Grace: One of the reasons a prenup can be challenged is a failure by one of the parties to give proper financial disclosure. Typically, a prenup will contain schedules that detail each person’s assets, together with any joint assets. If one of the parties has sought to exclude some of their assets or has purposely not disclosed their true wealth, that can open the prenup up to being set aside.

Michael: Yes, another frequent challenge we see is that the prenup doesn’t meet the economically weaker party’s needs. If a prenup is blatantly unfair or leaves one party unable to rehouse or meet their day-to-day needs, the court is unlikely to endorse it. Prenups can also be found to be invalid when there has been no legal advice, or where one party has been placed under undue pressure to sign the agreement.

Grace: Essentially, there are a lot of reasons, and if you find yourself in the position where you want to contest the validity of a prenup, you’re best speaking to a family law expert.

Should this case influence the way people approach prenups?

Michael: Yes, absolutely. It’s a reminder to people that prenups won’t just be rubber-stamped by the court. Prenups are growing in popularity and are a great way to protect and ringfence wealth, but they have to be done correctly. 

What advice would you give to someone who already has a prenup?

Michael: Review it!

Grace: I second that.

Michael: There are two elements to this. Firstly, you want to ensure that your prenup has been updated and that it accounts for any business growth, inheritance or general changes in circumstances since it was first drafted. Secondly, you want to make sure it’s robust and isn’t susceptible to being challenged. A prenup isn’t a one-time document, and it’s important to make sure it stays legally sound and enforceable.

Find out more

You can learn more about the Entwistle v Helliwell case here:

• The background of the case and the role of the prenuptial agreement
• The Court of Appeal’s judgment and its implications
• The Court’s decision on Mr Entwistle’s costs award

If you have a question about a prenuptial agreement in the wake of this potentially significant ruling, get in touch with JMW Solicitors today. Read more about how we can help you with prenuptial agreements, or call us on 0345 872 6666 or use our online enquiry form to request a call back.